Holmes' attorneys believe investigators should not have been able to speak to Holmes after he asked for a lawyer, and that anything he said after that should not be allowed into evidence.
"The judge has a lot of decisions to make," former head of the Colorado public defender's office David Kaplan told ABC News. "There's no way this trial starts in February. The defense has to have time to prepare for such a complicated case."
Holmes' lawyers have said that he is mentally ill and have said they have a diagnosis for him but have not revealed the diagnosis.
In March, a judge entered a standard not guilty plea on Holmes' behalf over the objection of defense attorneys who said they needed more time before entering a plea. In May, Holmes' defense team asked to change the plea to not guilty by reason of insanity.
Prosecutors objected to Holmes changing his plea, arguing that defense attorneys had dragged their feet.
Holmes' physical appearance has evolved over his time in prison, visible only in rare court appearances. He has gone from wild, Joker-like orange and red hair in his first appearance to his most recent look of brown hair and a shaggy beard. He has sometimes looked bug-eyed and confused and other times so despondent and drowsy that people questioned whether he had been drugged.